Germaine v Plunkett [2021] NSWCATAP 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Germaine v Plunkett [2021] NSWCATAP 280 Hearing dates: 18 August 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: (1) Fiona Germaine is joined to the appeal as the second appellant. (2) Time to appeal is extended up to and including 7 June 2021. (3) The application for leave to appeal is dismissed. (4) The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW — hearing rule — notice — particulars of case against applicant – evidence to be relied upon to be served before hearing – procedural unfairness – requirements of natural justice depends on the circumstances – no procedural unfairness because Tribunal's decision did not depend on the evidence not served before the hearing LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — rent — excessive rent – reduction or withdrawal of services or facilities – no reduction or withdrawal – question of fact – no error or law or otherwise in making findings of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Schedule 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 29(b) Cases Cited: Baker v David [2015] NSWCA 235 Collins v Urban [2014] NSWCATAP 17 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Texts Cited: Nil Category: Principal judgment Parties: Nathan Germaine (First Appellant) Fiona Germaine (Second Appellant) David Plunkett (First Respondent) Adrienne Baxter (Second Respondent) Representation: First Appellant (Self-represented) Second Appellant (First Appellant) E Walton (Managing Agent) (First Respondent) E Walton (Managing Agent (Second Respondent) File Number(s): 2021/00164518 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 May 2021 Before: G Meadows, Senior Member File Number(s): RT 20/52358